VIJAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is filed under Section 482 of the Cr.P. C. by petitioner Vijay Singh S/o Govind Singh in crime No. 221/2017 registered at Police Station Jawad, District Neemuch for the offence under Section 8/15 read with Section 29 of the NDPS Act, claiming that he has been impleaded in the array of the accused only on the basis of disclosure statement of co-accused Kewal Singh.

(2.) As per prosecution case on 21.7.2017, on a tip off of a informer, the police intercepted black colour Hyundai Accent car bearing registration No. MH 03 AB 1000. The occupant of the car managed to escape taking advantage of darkness. On search, total 80 Kg poppy straw kept in 3 bags was recovered from the car. On investigation, it was found that registered owner of the car was Kelwin R Kanunga, who, vide agreement dated 26.2.2016 had sold it to his neighbour Kewal Singh. The police arrested Kewal Singh and on the basis of his disclosure statement recorded under Section 27, implicated the present applicant in the array of accused.

(3.) It is submitted by the learned Counsel for the petitioner that the petitioner is not concerned with the crime. Neither any contraband is recovered from his possession nor he is owner of the car from which the contraband was recovered by the police. Owner of the Hyundai car bearing registration No. MH 03 AB 1000 was Kewal Singh, who purchased it from its registered owner Kelwin Kanungo. At the time of recovery, the car was in possession of Kewal Singh. He was neither named in the information received by the police nor was found present on the spot at the time of the recovery from the car. He was not aware of alleged trafficking of opium by co-accused persons, as claimed by the prosecution. He has no nexus with co-accused Kewal Singh, Jai Singh or Swaroop Singh. The police has foisted false case on him.